Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee takes note of the Government’s first report.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination in respect of employment. The Committee notes the Government’s indication according to which adequate protection against acts of anti-union discrimination in respect of employment is ensured to workers by sections 3 and 13 of the Constitutional Order of 1983 and section 11 of the Protection of Employment Act. In this respect, the Committee notes that section 11 of the Protection of Employment Act refers to protection against termination of employment on the grounds of union membership or participation in union activities. The Committee recalls that, under the Convention, workers should enjoy adequate protection against any measures of anti-union discrimination both at the time of employment and throughout the course of employment, including up to the time of work termination (see General Survey of 1994 on freedom of association and collective bargaining, paragraphs 203 and 210). The Committee requests the Government to take the necessary legislative measures so as to ensure that workers are granted adequate protection against acts of anti-union discrimination at the time of employment, and throughout the course of employment up to termination. The Committee requests the Government to inform it of any developments in this regard.

Sufficiently dissuasive sanctions. The Committee notes that, according to section 44(2) of the Employment Protection Act, any employer who fails to comply with any of the provisions of this Act (including section 11 which prohibits anti-union dismissals) shall be guilty of an offence and on summary conviction shall be liable to a fine not exceeding 2,000 dollars (equivalent to US$745). The Committee considers that these fines might, on some occasions, not be sufficiently dissuasive. The Committee requests the Government to take the necessary measures to increase the amount of the existing sanctions so that they constitute a sufficient deterrent against all acts of anti-union discrimination.

Article 2. Adequate protection against acts of interference. The Committee notes that the Government indicates that the principle of protection is ensured to workers’ and employers’ organizations against any acts of interference by each other, by way of custom and practice, and that there are no known cases where these organizations have performed acts of interference in each others’ affairs. The Committee is of the view that legislation should make express provision for rapid appeal procedures, coupled with effective and dissuasive sanctions against acts of interference in order to ensure the application in practice of Article 2 of the Convention; moreover, to ensure that these measures receive the necessary publicity and are effective in practice, the relevant legislation should explicitly lay down these substantive provisions, as well as appeals and sanctions in order to guarantee their application (see General Survey, op. cit., paragraph 232). The Committee therefore requests the Government to adopt specific measures, coupled with effective and sufficiently dissuasive sanctions against acts of interference. The Committee requests the Government to inform it of any developments in this regard.

Article 4 of the Convention. Promotion of collective bargaining. The Committee notes that the laws referred to by the Government do not contain any provision concerning the right to bargain collectively. The Committee notes the Government’s indication according to which the National Tripartite Committee on International Labour Standards has functioned as a mechanism for ensuring respect for the right to organize. The Committee recalls that, according to Article 4 of the Convention, the Government should take measures appropriate to national conditions to encourage and promote the full development and utilization of machinery for voluntary bipartite negotiation between employers or employers’ organizations and workers’ organizations, with a view to the regulation of terms and conditions of employment by means of collective agreements. In these circumstances, the Committee requests the Government to take the necessary measures to explicitly recognize in legislation and to regulate the right of collective bargaining in conformity with the principles of the Convention.